Ariz. Admin. Code § 17-1-606

Current through Register Vol. 30, No. 25, June 21, 2024

Section R17-1-606 - Permit Issuance; Denial; Appeal; Hearing

A. If the Director approves an application for a solicitation permit, the permit:

1. Shall expire after the approved solicitation time period specified on the permit, unless previously revoked;

2. Shall not be valid for more than 90 days from the effective date approved by the Director;

3. Shall not be transferred or assigned, in whole or in part, to any person other than the person or organization to whom the permit is issued; and

4. May be renewed only upon submission of a new application.

B. The Director shall deny an application for a permit for one or more of the following reasons:

1. The solicitation is likely to:

a. Interfere with the work of an employee or daily business of the Department;

b. Create an unreasonable risk of injury to a person or risk of damage to property; or

c. Conflict with the time, place, manner, or duration of another solicitation for which a permit is already issued or pending;

2. The applicant or the solicitation activity fails to comply with the requirements of this Article or any other applicable rule or statute;

3. The applicant, or the person or organization on whose behalf the application was made, has:

a. Within 12 months of the date of application, had a previous solicitation permit revoked by the Department for non-compliance with a provision of this Article or any other applicable rule or statute; or

b. Within five years of the date of application, on three separate occasions, had a previous solicitation permit revoked by the Department for non-compliance with a provision of this Article or any other applicable rule or statute.

C. If the Director denies an application for a solicitation permit, the Department shall send written notification of the Director's decision to the mailing address listed on the applicant's permit application, within three business days of denying the permit. The written notification shall state:

1. The Department's reason for the denial, citing all applicable supporting statutes or rules;

2. The applicant's right to request a hearing to appeal the Department's action under A.R.S. Title 41, Chapter 6, Article 6, and Article 5 of this Chapter; and

3. The time-frame for requesting a hearing with the Department's Executive Hearing Office as prescribed under Article 5 of this Chapter.

D. The scope of the hearing shall be limited to a determination of whether the Department possessed grounds to deny the solicitor's permit under subsection (B).

Ariz. Admin. Code § R17-1-606

New Section made by final rulemaking at 17 A.A.R. 1995, effective September 13, 2011 (Supp. 11-3).